• To begin a divorce in the state of California, one spouse must file a Petition in his/her local courthouse. The local courthouse in the Temecula and Murrieta area is in Hemet, California. The person who files the Petition is called the "Petitioner".
• The Petition is then personally served upon the other spouse. The person who is served with the Petition is called the "Respondent".
• After the Petition is personally served upon the Respondent. He or she has 30 days to file a document with the court, called a Response. The Response tells the court that the Respondent intends to participate in the divorce proceedings and wants to be notified of any upcoming court dates.
• If the Respondent fails to file a Response within 30 days, the case proceeds without the Respondent's participation. This is called proceeding by "default."
• If the case proceeds by default, the Petitioner prepares a judgment and submits it to the court. The Petitioner will usually be able to get whatever orders he or she requests. Once the judge signs the judgment, the case is concluded. However, the divorce will not be granted until the six month waiting period has expired.
• If the Respondent files a Response, the parties exchange documents and other information about their property and incomes. This is called "Discovery." By examining this information before the trial, the parties can discuss how to resolve their case.
• Sometimes one or both of the parties will need the court to make orders before the trial date. Either spouse may file an Order to Show Cause at any time before the trial, asking the court to make temporary orders regarding child custody, child visitation, child support, spousal support, attorney fees, or other matters. The judge will make orders on these limited issues after conducting a hearing. These orders are temporary orders, because they are only good until the day of trial.
• Sometimes the couple can voluntarily resolve all their issues through settlement. If a settlement is reached, the parties prepare a Marital Settlement Agreement, which later becomes the Judgment and the case is concluded - sometimes without ever having to attend court. However, the divorce will not be granted until the six month waiting period has elapsed.
• If the parties are not able to reach an agreement, the case will go to trial. Even if the parties must go to trial, they will often be able to resolve some or most of the issues before the trial. The parties prepare and sign a Partial Judgment, which outlines all the issues they have agreed on. This becomes part of the final judgment after the court decides the rest of the case.
• At trial, each attorney presents evidence and arguments. The judge decides all the unresolved issues, including child custody, child visitation, child support, spousal support, attorney fees and property division. The judgment is prepared and approved by the attorneys and then submitted to the court.

Famularo & Associates is a small law firm where clients are treated like family. We can help in all aspects of a family law matter, including divorce, paternity, child custody, child or spousal support, domestic violence and more. Please call us for a FREE consultation.